You are currently viewing the statements in a list. To view them in their context,
click here.
You are currently viewing the statements in their context. To view them in a list, click
here.
Article 45 extends to objections regarding the jurisdiction, constitution, and composition of a tribunal
The standard of full protection and security extends to the protection of foreign investors from private parties when they act through the judicial organs of the State
- North American Free Trade Agreement > Chapter Eleven – Section A – Investment > Article 1105 – Minimum Standard of Treatment > Full Protection and Security
- International Investment Treaties (IITs) > Protection of Investors under IITs > Expropriation and Standards of Protection > Full Protection and Security > Character and Scope
The principle of interpreting treaties in deference to the sovereignty of states does not apply
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Law of Treaties > Rules of Interpretation > Special Rules of Interpretation
- Vienna Convention on the Law of Treaties > Article 31 - General rule of interpretation > Further Problems > Special Rules of Interpretation
“Measures” in Chapter 11 of NAFTA does not exclude judicial acts per se; however, not every judicial act on part of the courts of a party constitutes such a measure
The rule of judicial finality does not differ from the exhaustion of local remedies rule
The act of state doctrine is one of municipal law and cannot be regarded as a rule of international law
NAFTA must be interpreted in light of the effective implementation of its objectives; the principle of interpreting treaties in deference to the sovereignty of states does not apply
The act of state doctrine has no relevance within Article 1101 NAFTA
While judicial acts are not excluded from the definition of “Measures” in Chapter 11 of NAFTA per se, not every judicial act on part of the courts of a party constitutes such a measure
Judgments of domestic courts in purely private disputes can constitute a measure within Chapter 11 of NAFTA
Important principles of international law should not be held to have been tacitly dispensed with by an international agreement
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Relationship of IITs to Other Sources of International Law > Relationship of an IIT to General Principles of International Law > Further Problems
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Relationship of IITs to Other Sources of International Law > Further Problems
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
Relationship of an IIT to General Principles of International Law
Act of State Doctrine
The act of state doctrine is one of municipal law and cannot be regarded as a rule of international law
Further Problems
Important principles of international law should not be held to have been tacitly dispensed with by an international agreement
Further Problems
Important principles of international law should not be held to have been tacitly dispensed with by an international agreement
Law of Treaties
Rules of Interpretation
Special Rules of Interpretation
The principle of interpreting treaties in deference to the sovereignty of states does not apply
Law of State Responsibility
Attribution of Acts
Attribution of Acts by the Judiciary
“Measures” in Chapter 11 of NAFTA does not exclude judicial acts per se; however, not every judicial act on part of the courts of a party constitutes such a measure
The rule of judicial finality does not differ from the exhaustion of local remedies rule
Protection of Investors under IITs
Expropriation and Standards of Protection
Full Protection and Security
Character and Scope
The standard of full protection and security extends to the protection of foreign investors from private parties when they act through the judicial organs of the State
Article 31 - General rule of interpretation
Further Problems
Special Rules of Interpretation
The principle of interpreting treaties in deference to the sovereignty of states does not apply
Article 102 – Objectives
NAFTA must be interpreted in light of the effective implementation of its objectives; the principle of interpreting treaties in deference to the sovereignty of states does not apply
Chapter Eleven – Section A – Investment
Article 1101 – Scope and Coverage
“Measures” Within the Meaning of Article 1101 NAFTA
The act of state doctrine has no relevance within Article 1101 NAFTA
While judicial acts are not excluded from the definition of “Measures” in Chapter 11 of NAFTA per se, not every judicial act on part of the courts of a party constitutes such a measure
Judgments of domestic courts in purely private disputes can constitute a measure within Chapter 11 of NAFTA
Article 1105 – Minimum Standard of Treatment
Full Protection and Security
The standard of full protection and security extends to the protection of foreign investors from private parties when they act through the judicial organs of the State
Article 45
Article 45 extends to objections regarding the jurisdiction, constitution, and composition of a tribunal